Near V Minnesota Case Study

The case, Near v Minnesota, took place in Minneapolis in 1929. It was argued on January 30, 1931 and was decided on June 1, 1931. This case appeared in the supreme court after the constitutionality of Minnesota’s law was questioned by Jay Near, the defendant. Near was to be censored due to his "malicious, scandalous and defamatory" article about the Chicago chief of police and many other local officials with being affiliated with gangsters. This then led to a lawsuit that formed from an attempt by Floyd B. Olson, to shut down the local newspaper owned by Jay Near that used racial language in its criticism of local officials and political figures. Olson claimed the paper violated the state’s nuisance law, and both the county court and Minnesota Supreme Court upheld Olson’s right to shut down the paper under Minnesota’s nuisance law. This was questioned because it was unclear whether or not the law permitted by the state would be impeding upon the defendant 's freedom of speech and even freedom of press.
Case Summary
Jay Near published a periodical in Minneapolis, in which he “attacked” local officials, by stating that they were associated with gangsters. Minnesota officials wanted to prevent Near from

Chief Justice Charles Evans Hughes, in his majority opinion, stated that the law was "unusual, if not unique," and it raised meaningful issues regarding freedom of the press and freedom of speech. In prior decisions, the Court had read some of the provisions of the Bill of Rights into the Fourteenth Amendment, thereby making these rights relevant to the actions of state governments as well as the federal government. Hughes also stated that there was "no doubt" that freedom of the press and freedom of speech were protected by the Fourteenth Amendment 's due process clause against actions by state and local governments. However, these freedoms were not unconditional, and the state could still punish those who abuse these freedoms prior to the